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KENDALL LAKES TOWNHOMES v. AGR. EXCESS

No. 3D04-3094.

916 So.2d 12 (2005)

KENDALL LAKES TOWNHOMES DEVELOPERS, INC., Appellant, v. AGRICULTURAL EXCESS AND SURPLUS LINES INSURANCE COMPANY, n/k/a Great American E & S Insurance Company, a foreign corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 29, 2005.

Attorney(s) appearing for the Case

Gonzalo R. Dorta; and Billbrough and Marks and Geoffrey B. Marks, Miami, for appellant.

Heidi M. Roth, Coral Gables, for appellee.

Before LEVY, GERSTEN, and ROTHENBERG, JJ.

ROTHENBERG, Judge.

Kendall Lakes Townhomes Developers, Inc. ("insured") appeals from a final judgment confirming the appraisal award. We reverse and remand for further proceedings consistent with this opinion.

The insured is the owner of a townhouse complex consisting of thirteen buildings. Agricultural Excess and Surplus Lines Insurance Company, n/k/a Great American E & S Insurance Company ("insurance carrier") issued a policy insuring nine of the thirteen...

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